JOSHUA GUTING V. TUNYANG DAVWANG

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The action leading to the appeal herein was commenced by the Appellant as plaintiff at GRADE Area court Panyam claiming a piece of land described as farmland lying and situate at LUKUM-KOPAL District in MANGU LOCAL GOVERNMENT AREA OF PLATEAU STATE ON THE GROUND THAT THE Defendant now Respondent in this court trespassed on the aforesaid land on 20th May, 2002. The Appellant on that score prayed the Area court for the following namely:-

1. That the court should order the Defendant out of the land.

2. That the court should declare him (plaintiff now Appellant) to be the owner of the land and that the Area court should restrain the Defendant's family, son, wife, relation, servant and privies from entering the land.

The Respondent denied and disputed the claims of the Appellant and pleaded that he was not liable to the claims of the Appellant. The matter proceeded to trial. The Appellant called six (6) witnesses while the Respond…